Call Us 1-867-686-3560

Mr. Pearse runs 100% of his own trials. Your trial will never be passed on to another lawyer.

Request A Consultation
Request A Consultation

Charter of Rights and Freedoms

Mr. Pearse runs 100% of his own trials.  Your trial will never be passed on to another lawyer.

Charter of Rights and Freedoms Key Takeaways

  1. If the police breach your rights, the breathalyzer certificate can be excluded.
  2. If the breathalyzer certificate is excluded, in most cases you will win the trial.

Charter of Rights and Freedoms and Impaired Driving in the Northwest Territories

Canada is a modern liberal democracy, and so therefore it is unsurprising that people charged with criminal offences have civil liberties that are protected by the Constitution. For the most part, citizens of Canada go about their lives exercising their freedoms without even thinking about them. We take concepts like freedom of expression, freedom of mobility, and freedom of the press more or less as our birthright, and never give them a second thought.

In the criminal justice system, our constitutional civil liberties take on a heightened importance. The majority of our civil liberties are contained in a section of the Constitution called The Charter of Rights and Freedoms. Generally, these rights are similar to many of those found in the American Bill of Rights, although there are quite a few differences.

In an impaired driving context, some rights will be litigated more often than others. Some questions that an accused person will want to think about are as follows:

Was there a breach of section 8 of the Charter of rights and freedoms?

Section 8 deals with unreasonable search and seizure. In a DUI file, this typically refers to the seizure of the accused’s breath on either an approved screening device or a breathalyzer. If there was a breach, this can result in the exclusion of evidence, and a subsequent acquittal.

Was there a breach of section 9 of the Charter rights and freedoms?

Section 9 deals with arbitrary detention. Was the accused arbitrarily detained at some point in the investigation? Again, if the answer is yes, the evidence can be excluded and the accused may be acquitted.

Was there a breach of section 10(b) of the Charter rights and freedoms?

Section 10(b) deals with the right to counsel. Have the police interfered with the accused’s right to talk to a lawyer? If so, an acquittal is possible.

Book Your Consultation

DUI & DWI Services

All DUI Services >
Should I Plead Guilty?
Learn More

Testimonials

I’m a single mother, and was going through a very bad breakup. I made a terrible mistake by drinking and driving, and put my child at risk. However, this is not who I really am. I’m generally very against drunk driving. I know that what I did was wrong, but I’m basically a good person. Alan met with me very quickly, and got the ball rolling. He was straightforward and honest, and told me what my chances were. I eventually decided to fight the charges, because I just couldn’t have a criminal record. I was very impressed with his abilities in court, and I eventually won the trial. Thank you so much.

Mz W.

Allan Pearce was amazing and made the whole process easy to understand and gave me peace of mind. His experience and knowledge assured me that I had nothing to worry about. I highly recommend him as I didn’t even have to step a foot in the court room and he won my case with ease. If you end up in the same situation give this man a call because he gets results fast. Thank you Allan for everything, I am very grateful for how quickly you resolved this problem for me and how easy you were to talk to.

Lissa K.

Frequently Asked Questions

Will I Lose My Licence From a DUI Charge in Canada?

A DUI or impaired driving charge in Canada can result in a licence suspension, but whether you lose your licence — and for how long — depends on several factors including your province or territory, whether you are convicted, and whether it is a first or repeat offence. Here is a general breakdown:

  • Immediate roadside suspension: In most Canadian provinces and territories, including the Northwest Territories, police can suspend your licence immediately at the roadside upon a failed or refused breathalyzer test — before any court conviction
  • Upon conviction — first offence: A mandatory driving prohibition of at least one year is imposed federally under the Criminal Code of Canada
  • Upon conviction — second offence: A minimum two-year driving prohibition
  • Upon conviction — third or subsequent offence: A minimum three-year driving prohibition
  • Impaired driving causing bodily harm or death: Driving prohibitions can extend significantly longer, up to a lifetime ban in the most serious cases

It is important to understand that a charge alone does not automatically result in a permanent licence loss — a conviction does. Fighting your DUI charge with the help of an experienced lawyer may help you avoid or reduce the impact on your driving privileges. Additionally, some jurisdictions offer Ignition Interlock Programs that allow drivers to regain limited driving privileges while serving their prohibition period.

A DUI conviction in the Northwest Territories results in a permanent criminal record under the Criminal Code of Canada. This record does not disappear automatically over time. However, individuals may be eligible to apply for a Record Suspension (formerly known as a pardon) through the Parole Board of Canada after a waiting period:

  • Summary conviction DUI: Eligible to apply 5 years after completing your sentence
  • Indictable conviction DUI: Eligible to apply 10 years after completing your sentence

A Record Suspension does not erase the conviction but seals it from most background checks. It is important to note that a DUI on your record can impact employment opportunities, travel to the United States, professional licensing, and custody matters. Speaking with an NWT DUI lawyer about your long-term options is highly recommended.

In the Northwest Territories, DUI penalties include both federal criminal consequences under the Criminal Code of Canada and territorial administrative sanctions under the NWT Motor Vehicles Act. Here is what you can expect:

  • Immediate roadside licence suspension upon failing or refusing a breathalyzer test
  • Criminal conviction resulting in fines, imprisonment, and a driving prohibition
  • Mandatory participation in the NWT’s Ignition Interlock Program following certain convictions
  • Vehicle impoundment in applicable circumstances
  • Increased insurance premiums or potential loss of coverage
  • Permanent criminal record affecting employment, travel, and border crossing into the United States

Penalties become significantly more severe for repeat offenders or where impaired driving caused injury or death. An NWT DUI lawyer can help you understand your specific charges and available defences.

While cannabis has been legalized in Canada, it doesn’t mean you’re free to drive after taking it. 

Basic to Canadian highway laws is the responsibility to exercise due care for the safety of other road users. 

If your judgement is in any way impaired while driving – be it through the use of alcohol, illicit drugs, or prescription drugs – you may be committing a criminal offence and can be arrested and charged.

Cannabis consumption is confirmed by a blood or urine test, which will measure the amount of THC (the psychoactive substance in cannabis) in your system.

If you read over 2 nanograms (ng) of THC per millilitre of blood, you are breaking the law. If the reading is over 5ng, you will likely face more severe punishments.

While each province imposes penalties for impaired driving, the Department of Justice lays down some federal guidelines for the offence.

These include the following mandatory minimum penalties:

For first-time offenders:

A mandatory minimum fine of $1,000 applies for a BAC of 0.119 or (for a drug-impaired driving charge) 5ng of THC or any other prohibited drug in your system within two hours of driving. 

If you are found with 2.5ng of THC per ml and a BAC of .05 combined, the mandatory minimum fine is also $1000.

Fines increase according to BAC content from there:

  • 0.120 to 0.159: a minimum $1,500 fine
  • 0.160 or higher: a minimum $2,000 fine

For second-time offenders:

A second conviction for any of the above will result in a mandatory minimum of 30 days in prison. 

For third-time offenders:

A third conviction for any of the above will result in a mandatory minimum of 120 days in prison. 

The federal guidelines state that the maximum penalty for each of the above charges is 10 years in prison.

Not providing a sample:

If you choose not to provide a blood or urine sample to police you will be treated harshly, with a minimum fine of $2,000. The chances of a conviction are also high.

If an injury to another person results from your impaired driving, a summary conviction carries a maximum of two years in prison less a day.

In some particularly serious cases, the offence is charged as an indictment, with a maximum prison term of 14 years.

If your impaired driving causes the death of another individual, a life prison term is possible according to federal guidelines for indictments.

In addition to these federal guidelines, each province sets mandatory penalties for the removal of driving privileges and participation in drug and alcohol education programs.

Note that if you are convicted of impaired driving in Canada, you will face two separate driver’s license suspensions: a criminal suspension imposed by the federal government and an administrative suspension imposed by your provincial government. The administrative suspension will apply regardless of the outcome of your criminal case.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

See More FAQs

Case Results

Mr. L Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mz. B. Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. B Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

Mr. M Client charged with DWI/08

All charges dismissed by the crown before trial due to Charter problems with the crown’s case.

See More Case Results